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Texas Court of Appeals Reverses Judgment Against DB&P Client, Plaintiff Takes Nothing

$22,500 Verdict Against DB&P Client Reversed

The trial court abused its discretion in submitting to the jury a question authorizing loss-of-use damages in this total-loss case
Insurance Law & Litigation Week
June 14, 2014

The Texas Court of Appeals reversed a trial court’s judgment in favor of a tow truck company who sued its liability insurer for breach of contract arising from a dispute over whether loss-of-use damages were available to the insured following the total loss of an insured tow truck. Under applicable precedent, damages in a total loss claim was the fair market value of the property at the time it was destroyed.